Car taken without permission!

[wiggles333]

What is the name of your state? Massachusetts

My boyfriend found out that his exgirlfriend got into an accident in his car. She had no license and he DID NOT give her permission to drive his car. She was a drug user and had no right (nevermind the fact that she had no license) to drive a vehicle. While he was out, she took his extra set of keys and stole the car to go out.

In his car (we assume she was under the influence of drugs), she hit a pedestrian. The same day, her friend had driven the car (He does not even know this girl) and SHE hit a pedestrian too. He had no idea that any of this had happened. Several months later (FYI he has changed insurance companies between this time period) a man has called about charges related to these accidents. They want about 15 thousand dollars each.

Who is at fault here? He did not give permission for either person to drive his car. And if this is his fault somehow... what will happen since his insurance company is not the one he had at the time of the accidents???

[moburkes]

Your boyfriend has LOTS of problems. Did he report the vehicle stolen? If not, he should be prepared to have to defend himself in court as to why he shouldn't be responsible, as the owner of the vehicle, for the charges against him. Since he states that he didn't give her permission to drive, his old insurance company will not pay their lawyers to defend him.

[wiggles333]

If that is true, I have a few more questions:

Because his car was home safely by the time that he returned... he didn't know any accident had happened. There was no damage to his vehicle. He was not aware that she had hit anybody. So did he still have to report the car as stolen if he wasn't aware of what had happened? To him, finding out about this is a big shock. He seems to be a very unfortunate victim of circumstances. How can he turn this away from him? Is there anyway to charge the crazy ex-girlfriend who caused all of the problems?

[moburkes]

Were they living together at the time of the accidents? When was this?

He needs an attorney. Period.

[MyHouse]

I live in Arkansas, so this may be different in your state. Also keep in mind that this is just a story that a neighbor told me. I don't have a lot of details, but hopefully I have enough to help in some way.

My neighbor said that he had hired a teenager that lived behind him to mow his yard. When the lawnmower was out of gas, he allowed the teen to take his car to the gas station to fill up the gas can. This happened about three times. The teen knew where this man hid his house keys outside. When the man wasn't home one day, the teen took his house keys, went into the house, and got the key to the car. He "borrowed" the car and wrecked it. The man found his car in the driveway, but wrecked when he got home. There was a note on it from the teen that said something like, "Sorry I wrecked your car." The man called the police and they said that since the teen had borrowed the car before, then he had "implied permission" to borrow it again.

I think that when a person is borrowing somebody's car, then they should have to get permission each time, but the law doesn't care what I think.

I just wonder if this could be the case with your boyfriend... He may have let his girlfriend drive the car at some point.

This is a tough situation and I do wish you the best.

[wiggles333]

Yes, they were living together at the time. And yes, she had driven his car in the past. I don't know if that "implied permission" idea is the same in MA.

Everybody has been helpful. I appreciate it.

What do we think can happen here? Is he (to be rather blunt) screwed... or does he have a fighting chance?

This girl is a complete mess, we aren't even sure how to contact her. She doesn't have a residence as far as we know. She is on the streets.

The two of us are hardworking, straight arrow people... and this is such a mess to deal with.

[ecmst12]

They were living together, he left the keys home and available to her, even if she didn't specifically get permission, I think there's a good chance of this being "implied permission". The same thing happens when you have a teenage child with no license who takes your car. His insurance isn't going to cover this because she was not listed on his policy (household members have to be added onto your policy by name if you want them covered), but he could still be liable for the accident because it's his car. She is also liable but it sounds like she has no assets.

Unfortunately this could hurt him in a big way. He might want to consider hiring a lawyer to protect his assets as much as possible.

[wiggles333]

Okay. Thank you. He has a laywer, but again... money is tight since he has been paying for her mistakes for awhile now. She has caused so many problems in his life.

If this IS implied permission... and it IS judged as his fault.... will his OLD insurance company be responsible to pay in any way? (Since he no longer has that insurance.)

Or would they expect this to come out of his pocket? To best quite honest, we do not have 30 thousand dollars lying around to pay.

[ecmst12]

His insurance will not be liable because she wasn't a covered driver. People you live with can't be considered "occasional drivers" and will be excluded unless named on the policy.

[wiggles333]

Okay. Thank you. But is there any way to determine that his ex is at fault? I mean, anybody outside of the law-book can clearly see that the drugged up ex-girlfriend is at fault... but we all know that the law sees things differently. How can (atleast) SOME of the responsiblity be pushed onto her and off of my boyfriend.

[ecmst12]

Some of it will be on her, but they are going to go after whoever they can collect from. That's where the lawyer might be able to help.

[wiggles333]

thank you!

[stephenk]

First, have your boyfriend report the accidents to his insurance company (the one that insured the car at the time of the accidents). They will provide a defense and most likely coverage for the claims.

Unless the ex was specifically excluded on the policy she will be covered by the policy because there is implied permission for her to drive the car and the carrier will be stuck defending the case and most likely paying money to the claimants. The fact that your boyfriend let his ex drive the car on occasions overrides the argument that she did not have permission to take the car that particular day. did your boyfriend specifically tell her that day she could not use the car?

Was she arrested for the accident? You said she was on drugs. How do you know she was on drugs at the time of the accident? Same question for the friend who was driving the car. Any police involved in either incident?

[moburkes]

Originally Posted by ecmst12

His insurance will not be liable because she wasn't a covered driver. People you live with can't be considered "occasional drivers" and will be excluded unless named on the policy.

Not a true statement at all.

edit: Didn't realize that stephenk already addressed it.

[wiggles333]

Thanks everybody. I know that she had driven the car in the past... when she had her license. It was taken away from her eventually. But she drove the car w/o a license anyways... without getting permission.

I understand from what you are all saying: that she still had "implied permission." This seems to be the one thing that can save us. I will tell him to call his insurance company in that case. Are we sure that they are still liable even though they are no longer connected to him?

He is not 100% sure that she or her friend were under the influence of drugs when the accidents happened (because he wasn't even aware of the accidents AT ALL until recently when letters came in the mail regarding the charges). She and her friend are hard core drug users and spent almost all of their day on drugs. I don't think it can be possible to prove for certain... but how do 2 girls manage to hit two pedestrians in ONE day under a normal state of mind?

And to answer another question: She was not excluded from his policy specifically.

Thanks everybody.